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2019 DIGILAW 710 (RAJ)

Banshi Lal v. State of Rajasthan, Through PP

2019-03-01

PUSHPENDRA SINGH BHATI

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JUDGMENT 1. Counsel for the petitioner submits that charge-sheet has been filed, however, no offence has been proved against the present petitioner. Counsel for the petitioner has demonstrated from charge-sheet that offence were found proved against the offenders, namely, Hanuman Ram, Jeeja Bai and Bhabhoot Singh. 2. Counsel for the petitioner limits his argument that the warrant of arrest issued by the learned Court below be converted into bailable warrant, and that the petitioner is ready and willing to surrender before the learned trial court and apply for bail. 3. Learned counsel for the petitioner relied upon the precedent law laid down by the Honble Apex Court in Inder Mohan Goswami & Another v. State of Uttaranchal & Others reported in AIR 2008 SC 251 . 4. Learned Public Prosecutor opposed the aforesaid submission made on behalf of the petitioner. 5. After hearing learned counsel for the parties as well as perusing the record of the case alongwith the precedent law cited at the Bar, the present petition is disposed of with the direction that the warrant of arrest issued against the petitioner vide order dated 23.2.2018 shall be kept in abeyance for a period of three weeks to enable the petitioner to surrender before the trial court and apply for bail. 6. Needless to say that the trial court shall decide the bail application of the petitioner in accordance with the provisions of law without being influenced of any observation made herein above this Court. 7. It is clarified that in case, the petitioner fails to surrender before the concerned court within the stipulated period of three weeks from today, the present order shall cease to operate and law shall take its own course.